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Friday, January 18, 2013

Religious Freedom Lawsuit

Teacher Files Lawsuit Over religious Freedom

By
Lou Chilelli

January 10, 2013Updated Jan 10, 2013 at 11:52 PM EST
TOWN OF CHEEKTOWAGA, N.Y. (WKBW)
There is a dispute over religious rights in Cheektowaga. A
Cheektowaga Central School District worker says the district is
restricting her right to religious free speech. An anonymous complaint
by a student has now lead the teacher to file a lawsuit against a school
district. Lawyers for the American Freedom Law Center filed a civil
rights lawsuit in Federal Court on behalf of Joelle Silver, a high
school science teacher.

"In
June of this past year, the school district gave her a "counseling
letter" which prohibited her from displaying anything in her classroom
that had any religious content or had any religious nature to it what so
ever," said Robert J. Muise, a lawyer and one of the founders of the
American Freedom Law Center.
The Cheektowaga Central School District was reacting to a
student's complaint they received through the Freedom From Religion
Foundation. The foundation's letter threatened their own lawsuit, if
the teacher did not remove religious materials from her classroom. "We
handed it over to our school attorney, who in turn, went to our
insurance company and their council...their council went to a
constitutional expert. He basically came back to us and said that we
feel it is best that you need to take certain action," said school
district Superintendent Dennis Kane.
That action was a counseling letter ordering Silver to remove
the religious items from her classroom. "The Supreme Court has long
said that neither teachers nor students shed their constitutional rights
at the school house gate. And, certainly these restrictions violate
that fundamental principal. She is a devout Christian. She does not
cease being a Christian because she works for the government,' Muise
added.
"We were told by legal advise that these things were a
violation of church and state and as a public entity and as public
officials we have to comply with the law. We have a duty to correct,"
Kane explained. The superintendent limited his comments because of the
ongoing legal matter and because he sees this as a personnel issue. The
district has not yet seen a copy of the lawsuit. Silver continues to
teach high school science.